Judgment entered - How long does the defendant get to pay up 11 October 2020 at 4:10PM in Reclaim bank & credit card charges 10 replies 423 views

OceanSound

I filed MCOL through website against Curve OS to reclaim bank fees. This was done on 09 September 2020. 

The claim was issued on 10 September 2020. Curve OS had till the 29 September 2020 to respond. They didn't respond. So I entered judgement on 30 Septemeber 2020.

Judgement against Curve was issued on 01 October 2020. 

How long does Curve OS get to pay up? is it 14 days?

This wasn't mentioned when I went through the 'enter judgment' process, nor is it mentioned on the pdf docs available for this claim. The pay up date wasn't mentioned in the 'Notice of judgment entered' letter that MCOL sent me either. 

Does anyone know what the big secret behind MCOL not making this particular date apparent to the claimant?

One of the user guide's (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/458835/money-claim-online-user-guide.pdf) I found just says this: 

"What happens after judgment has been entered? 

Once judgment has been entered the defendant will be sent a copy of the Order. The Order will tell the defendant how much to pay, when to pay it and where to send the payments. The payments should be sent to you and not to the court. The judgment will also be entered on a

public register by Registry Trust Limited so that it will appear on the defendant’s credit report and could affect their ability to get credit."

Could it be that letting the claimant aware of how long the defendant gets to pay aspect was simply overlooked when the system was designed and it's stayed the same ever since?

MovingForwards

28 days
You have 6 years from the date of judgement to enforce it, after that you need to apply for permission from the court.

molerat

They don't have to pay up at all unless you enforce it.  The only time scale is 28 days to avoid getting a CCJ marked against them which they may or may not be bothered about.  I hope you served against the correct entity and address.

sourcrates

Obtaining judgement is just the first step, there is no initial mechanism to force payment from them, if they don’t pay up, then you have to escalate the matter further, you can instruct bailiffs to call on them, again for a fee, aside from that, as they are a company, your choice is limited.

As said above, the judgement is live for 6 years, after which permission from the court must be sought if you have not by that time, been paid, and still wish to proceed.

OceanSound

MovingForwards said:

28 days
..........

How are you aware of this?

Didn't realise we had to be part of a cult to be aware of this. I don't believe it's public knowledge nor was it conveyed on the 'Notice of judgment entered' letter MCOL sent me. See below:

BTW, before anyone asks. Yes, I do have common sense.
edit: are you sure it's 28 days and not 30? It says here :

A County Court Judgment (CCJ) is a county court order which can be made against a company to enforce debt repayment. If it is left unpaid after 30 days, it can have damaging effects on your business and your position as a director.

OceanSound

molerat said:

They don't have to pay up at all unless you enforce it.  The only time scale is 28 days to avoid getting a CCJ marked against them which they may or may not be bothered about.  I hope you served against the correct entity and address.

When completing MCOL claim form, checked the companies house website listing. Ctrl-C copy company name and address from Companies house website then Ctrl-V paste on to MCOL claim form. Then character by character eyeball check (comparison) of companies house listing against what was just copied on to MCOL form for safe measure. No visit to Barnard castle was necessary before performing eyeball check. 

Anyway, this was what went on the claim form:

Defendant: CURVE OS LIMITED

Address: 15-19 Bloomsbury Way

London

Postcode: WC1A 2TH

Same name and address as on companies house website listing.

molerat

.gov states within one month to have it removed from the register. https://www.gov.uk/county-court-judgments-ccj-for-debt/ccjs-and-your-credit-rating

But that is of no relevance to them actually paying up.  There is nothing that forces them to pay up except you employing bailiffs and enforcing the judgement to get the money for you.

OceanSound

molerat said:

.gov states within one month to have it removed from the register. https://www.gov.uk/county-court-judgments-ccj-for-debt/ccjs-and-your-credit-rating

But that is of no relevance to them actually paying up.  There is nothing that forces them to pay up except you employing bailiffs and enforcing the judgement to get the money for you.

Just found this post: 

Have you actually got a CCJ?
If not, do that first. You need to request that through the MCOL system. Have a look at the "requesting judgment" section in the MCOL user guide: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/458835/money-claim-online-user-guide.pdf.

I would do the following:
1. Obtain a CCJ.

2. Contact the defendant to advise that you have a CCJ. Sometimes with these companies it's a matter of finding the right person and making them realise you are serious. Ask them to make immediate payment and explain that you will have no choice but to refer the CCJ to bailiffs for enforcement if payment is not made within 7 days, which will incur additional costs.

3. If no payment is received, refer the matter for enforcement. As your judgment is less than £600, the best way of doing this will be to use county court bailiffs by issuing a warrant of control. Have a read of the guide at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/718832/ex322-eng.pdf.

Should I go ahead with step 2 now or wait until 31 October 2020 (30 days since Judgement issued date of 01 October 2020) to go ahead with step 2?

Or perhaps go ahead with enforcement/send in the bailiffs (step 3) now? (Curve OS have already had 11 days to pay up) 

sourcrates

You will find this will most likely be ignored untill you do choose to enforce the judgement.

Companies are often worse than individuals when it comes to bad debt.

MovingForwards

@OceanSound I was aware of it because it was my job to know the process / procedure. The judgements I saw had a date it had to be paid by (usually forthwith) and had the whole "if not paid within 28 days......" on it too. 

OceanSound

thanks, everyone. Curve paid-up before I requested warrant. Received cheque for full amount of £61.54 on 05 November. Its cleared.

Actually, I was gonna go to the financial ombudsman before requesting warrant, and keep the request warrant as the last line of defence. None of this was necessary. 

Does anyone know if I need to mark the MCOL claim as 'paid'? (particularly since the cheque has cleared - I presume it's safe to do so?).